M/S Praveen Fps Store & Ors vs Commissioner Food & Supplies And ...
2013 Latest Caselaw 5301 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                         Date of Decision: 19.11.2013

+      W.P.(C) 6702/2013

       M/S PRAVEEN FPS STORE & ORS              ..... Petitioner
                     Through: Mr Yogesh Kumar, Adv.

                          versus

    COMMISSIONER FOOD & SUPPLIES AND ANR..Respondent
                   Through: Ms Zubeda Begum, Standing
                   Counsel for GNCTD along with Mr Surendra
                   Kumar, Assistant Commissioner, FPS
                   Department.
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                              JUDGMENT

V.K.JAIN, J. (ORAL)

The petitioner is challenging the notification dated 27.09.2009,

issued by the Government of NCT of Delhi, inviting applications for

issue of authorization to the Fair Price Shops under Public Distribution

System in South District. As many as seven vacancies have been

advertised by the respondents in Circle 46. The grievance of the

petitioners is that at present the number of ration cards allocated to them

is below 1000, which is the number specified in this regard in the

guidelines framed by the Government of NCT of Delhi.

2. The guidelines dated 27.08.1997, to the extent they are relevant,

reads as under:-

"1. As per the present norms the vacancy should ordinarily be notified for about 1000 food cards in case of fair price shop and about 1400 cards in case of kerosene oil depot. However, in case of j j clusters and other areas inhabited by poorer sections of the society in the special cases relaxation of the norms for the society of new PDS outlet can also be considered.

1.1 Whenever the units are exceeded and new outlet is required, the circle food and supply Officer will make an assessment of the units registered at all the fair price/kerosene oil depots, as the case may be, in a particular area where the need for new vacancy is being suggested."

It would thus be seen that under the guidelines framed by the

Government of NCT of Delhi, ordinarily 1000 food cards should be

allocated to each Fair Price Shop. It is only in case of J.J. clusters and

other areas inhabited by poorer sections of the society that relaxation of

norms for new PDS outlets can be considered in special cases.

3. According to the petitioners there are 32 Fair Price Shops in

Circle 46 and there are 24617 functional cards in the said circle. As per

the details given in para 4 of the writ petition, out of 32 shops in the

aforesaid circle, only 10 shops have 1000 or more food cards allocated

to them. The remaining shops have less than 1000 cards.

4. In their counter-affidavit, the respondents have stated that they

require more Fair Price Shops in Aaya Nagar, Chhattarpur, Neb Sarai,

Fatehpur Beri, Ghitorni, Mandi, Bhati Mines. As regards Aaya Nagar, it

is stated that two more FPS are required since on coming into force the

National Food Security Act, 2013, fresh applications are being received

from the residents of the area and as many as 2,000 cards are likely to be

issued in terms of the said Act. It is stated that 1056 household are

getting ration from the existing Fair Price Shops, meaning thereby that

more than 1000 cards are allocated to the said shop. The respondents,

therefore, would be justified in inviting applications for allotment of

new FPS licence in Aaya Nagar.

5. In Chhattarpur, there are six existing shops and out of them only

one shop has more than 1000 ration cards allocated to it. The remaining

Fair Price Shops have less than 1000 ration cards allocated to each of

them. Though according to the respondents, two more shops are

required in this locality, the counter-affidavit does not explain why

adequate number of ration cards are not being allocated to the existing

shop owners. The respondents expect as many as 2,000 new applications

under the National Food Security Act in the aforesaid locality.

However, considering the guidelines framed by them, ordinarily the new

FPS licence can be issued only after the existing Fair Price Shops have

been allocated at least 1000 cards each, unless the case is covered under

the exception which provides for relaxation of norms in case of J.J.

Clusters and other areas inhabited by poorer sections. It appears to me

that the relaxation is aimed at allocating more than 1000 ration cards to

a shop in the areas which are thickly populated so that the respondents

do not have to go to distant areas for obtaining supplies of the food

items. Therefore, as far as Chhattarpur is concerned, the respondents

can allocate new Fair Price Shops only after they have allocated 1000

cards each to the existing six Fair Price Shops. The respondents are,

therefore, directed to follow the guidelines framed by them on

27.08.1997, while granting any new FPS licence in Chhattarpur.

6. As far as Naib Sarai is concerned, no FPS is available in the area

and there is a demand from the residents of the area for providing an

FPS in their locality. Considering the need of the residents to have a

ration shop in the vicinity, the respondents are justified in issuing fresh

FPS licence for the aforesaid locality, but even while allocating new

licence, the respondent shall abide by the guidelines dated 27.08.1997.

7. In Fatehpur Beri, there are three Fair Price Shops, out of them one

has been allocated more than 1000 cards, whereas the remaining cards

have been allocated to the remaining FPS. The respondents expect more

than 1000 new applications in this locality under the National Food

Security Act and, therefore, they are seeking to have one new FPS in the

locality. The respondents can grant additional licence for FPS in the said

locality after they have complied with the guidelines by providing

adequate number of food cards to the existing Fair Price Shops.

8. In Ghitorni, there are three existing Fair Price Shops and none of

them has been allocated 1000 ration cards. No new FPS is sought to be

licensed in the aforesaid locality and, therefore, no order needs to be

passed. Same is the position with respect to the Mandi. In Bhati Mines,

there are four existing shops out of which three have been allocated

more than 1000 ration cards. The respondents expect demand for

additional ration cards in view of the enforcement of National Food

Security Act, 2013 and, therefore, they are seeking to issue one more

licence in the said locality. The respondents shall be at liberty to issue

another licence after the existing FPS having less than 1000 ration cards

are allocated adequate ration cards, so as to confirm to the guidelines

dated 27.08.1997.

The writ petition stands disposed of in terms of the aforesaid

directions.

V.K. JAIN, J

NOVEMBER 19, 2013 BG